PURPOSE

The purpose of this report is to request City Council approval of a proposed resolution that would amend Resolution No. 26,384 in order to maintain the current policy of exempting all unrepresented mid-managers from the Civil Service System.

BACKGROUND

Historically, the issue of exempt status of mid-manager classifications has been handled by City Council resolutions that specifically identified the positions that were to be exempt from Civil Service.  On December 10, 2002, the City Council adopted several resolutions which approved Memorandum of Understanding (MOU) agreements with several bargaining groups including a salary package for the unrepresented mid-managers.  Among the various resolutions, one specifically listed a number of unrepresented mid-managers to be exempt from Civil Service.  The staff report indicated that the purpose was to make all newly appointed unrepresented mid-managers exempt from Civil Service effective December 10, 2002.  The resolution attempted to include all unrepresented mid-manager positions that were not currently exempt from Civil Service as this process had always worked well in the past.  

However, certain classifications can now be either represented by the Burbank Management Association (BMA) or be an unrepresented mid-manager.  For example, a Principal Civil Engineer that does not report directly to an Executive is represented by the BMA, whereas a Principal Civil Engineer that reports to an Executive is an unrepresented mid-manager.  Thus, an employee can move back and forth between the BMA representation or no representation.  As such, it is not practical to request a new resolution every time that such a transfer occurs. 

DISCUSSION

To ensure that the City�s policy of having all unrepresented mid-manager positions exempt from Civil Service, a new resolution has been prepared which provides for the following: effective December 10, 2002, all new employees or employees transferred into the Unrepresented Mid-Management Unit (also identified as the �Z� Unit), shall be exempt from Civil Service.  It is staffs belief that not listing the actual positions included in the unrepresented mid-management unit will avoid the issue of some positions being left off the list.  Further, due to the fact that certain positions may move back and forth between being represented by the BMA and being assigned to the unrepresented mid-managers unit, it is best to have one blanket resolution that covers all positions in the unit than to request a new resolution every time that such a transfer occurs. 

The proposed resolution does not represent a change from current policy, but will ensure that the City�s current policy, adopted on December 10, 2002, is consistently implemented.  No employee will be adversely impacted by this resolution.

FISCAL IMPACT

There is no fiscal impact for this requested action.

RECOMMENDATION

Staff recommends that the Council adopt the proposed resolution which would be applicable to employees occupying positions in the unrepresented mid-managers unit.

Respectfully Submitted,

Judie Sarquiz

Management Services Director

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